Building firm faces 100+ charges over pay
(CNS): The Department of Labour and Pensions is continuing to pursue seven local businesses through the courts for a variety of labour infractions, including failing to pay wages, overtime or not complying with tribunal orders. According to the latest update, following a number of recent court appearances, Island Builders Ltd are charged with over one hundred counts of failing to pay overtime to their staff, while Sail Inn Restaurant is facing 28 charges of the same infraction.
The latest update posted on the National Pensions office (NPO) website revealed that Dean and Jennifer Scott, who own Island Builders, face 108 charges of failure to pay overtime. They will next appear in court on 24 March. Mario Rankin, who faces 28 charges against his company, Sail Inn, is understood to be making payments and he will return to court in June.
Meanwhile, all 38 charges against Harry Lalli, the owner of Front Door Cayman Ltd, have been dismissed, and the owners of ARCP Ltd, Peter Young, Justin Woods, and Samuel Young, face only one charge of failing to pay outstanding wages after the court heard that the outstanding cash had been paid to employees. Five charges against the company were dismissed by a magistrate last month and the remaining one charge was adjourned.
Paragon Group, owned by Nicole Salvi, is facing a new single count of failing to pay wages and that case has been adjourned pending the serving of summons to the company.
Three other firms face charges relating to their failure to comply with awards made to staff by the Labour Tribunal. M & R Construction, owned by Michael Witter, is scheduled to appear next week regarding four charges, which has been scheduled for trial. While Blue Eyes Granite, owned by George and Sally Craig and John McNeil McLean, faced five charges of failing to comply with an order of the Labour Tribunal, but the matter was adjourned and the case continues.
The one firm to own up to an infraction, ARALCO Ltd, owned by Winston Salmon, who admitted one charge of failing to comply with a tribunal order but denied another, is expected to be sentenced shortly.
Details of the court listings can be found on the NPO website.
Well how can i pay for my slaves and drive an Italian sports car at the same time?
I am a big man don’t ya know. Dart pays me big money to keep my slaves working Its not his concern if I don’t pay the slaves.
So does that give the bussiness owner the right not to pay their employees? 100+ times? At some point go out of bussiness if you can’t pay your employees. Clearly consolidation of the construction market is needed; and using escrow accounts if necessarry. But not paying your staff is not acceptable.
There are so many government employees who hold work permits and make the WP holders pay for their permit and find their own work. Until some serious house cleaning is done and hefty fines are levied, nothing will ever change.
But these people are all RICH. Why do they owe poor people and do not want to pay pensions and overtime? Disgraceful.
I noted some of your comments and as being in the constriction trade and a business owner in the trade it is assumptions like the comments assuming people are rich and acting crooked on purpose. No one considers the many dirty client’s we work for whom refuse to pay or last payment and rip contractors off. Every single client makes some excuse why they can’t pay thr final payment thus leaving theccontractor eith the liability and outstanding debts. This is fact. I have a deed of settlement from one client for 200k of direct expenses on his projects however I can never recuperate these funds if he can’t pay it in 20 years we have had to write of over 1.5 million in in uncollectable funds. These are because of dirty client’s. So don’t assume people are rich because of there name.
Anonymous 9:19
I and many more contractors are going through the same, being ripped off by crooked customers.
Its beyond me, why the perception from the general public, is that all contractors are rich,
Let me say this, i don’t know whether you are part of an association who should be lobbying the Government to get these practices stopped.
You might want to give the Cayman Contractor Association a call, my understanding is that they are looking into putting in place a law that will deal with these crooks.
Not paying overtime, pension, and healthcare makes it a lot easier to get the low bid on contracts.
Hopefully the soon to be new Builders Law, will put an end to a lot of these companies, but it also will need to be policed properly.
Can they move on to the financial services and accounting firms next? They all expect workers to work unpaid overtime, because they are deemed “professionals”. Its daylight robbery.
Whilst you have a good point, I have worked in FS all over the world and never has overtime been paid, but the salaries and bonuses are generally much better
Department of Labour is a waste I’ve reported Cayman Airways Limited for failure of paying “Public Holiday Pay” which is double time been waiting 6 months for a resolution. I’ve reported individuals within Cayman Airways and nothing has been done. Overtime being withheld from Employees. Cayman Airways also withheld “Work Accounts” from staff which I also reported and also filed a formal complaint again nothing has been done. So one building firm over Cayman Airways which employs so many people to have issues where “Public Holiday Pay” is being paid at the rate of double time is an injustice. Its one department that needs to be restructured asap. I’ve been told Cayman Airways has been reported many times over the years and no reprimands at all. Last time I reported they were allowed to go back and check their records several times. Why would Department Of Labour allow Cayman Airways which has so many employees allow opportunities to cover up their indiscretions.
Cayman Airways is one of many Cayman welfare systems that are the top of the intitlement dispersal system. And that’s why they will always be above any laws here.
You seem to be either a disgruntled current or former employee. I am sure the cases that are in court now took TIME to be investigated. ANY legal investigation takes time. The question though that you should ask yourself is why do you (did you) continue to work under the conditions. I am no friend of this department as I too think they could be doing more but come on, common sense here dictates that certain policies and procedures have to be followed. At the end of the day it is NOT the DLP that decides if the case has merit to go to court- that’s is left for the DPP. SO the DLP could do everything that you desire yet if the DPP says no, then that’s the end of it. You have to accept just as much responsibility for the ongoing saga as you have sat back and worked under the conditions. I am no Lawyer, but I do think there is something that’s called an implied contract which infers that if you keep your mouth shut while working under certain conditions that you have accepted those conditions. Just because you think nothing is being done- does not mean that nothing isn’t being done. Does the RCIPS reveal every nook and cranny of their investigations- NO they don’t.
Clearly reading isn’t your strong point. I’m very sure I stated that I made formal complaints to the DLP office. And if I didn’t make a formal complaint that would be totally different. And before speaking read the Labour Law. Since you’re no Lawyer I would suggest keeping quiet since you don’t know what transpired. You sound like someone who maybe a big supporter for Cal Limited wouldn’t expect any different. But for the former and present employees at that waste of a company has their own story about Labour issues. And if DLP was performing as per Labour Law they hired to enforce then most of these issues would be resolved in a timely manner. I would be surprised if you were a member of the management of Cal the tone of your message would suggest that.
That’s it? I know quite a few that aren’t paying.
Seems to me everyone just does as they please. Take away business licenses and close them down until wages / pensions are paid. These companies continue to do it as nothing happens to them. You would think the shame of people knowing that you were not paying wages or stealing pensions would be a deterrent, but it seems to be accepted as the norm.
Interesting point of view. Cannot agree on taking away the licenses unless it can be demonstrated that they have funds and just do not want to pay-some companies may not have enough funds and taking away licenses might mean they will never be able to pay. I dont condone not paying, however you need to look at all circumstances and see why its happened, maybe work out debt repayment schedule where business is tough, shut down the companies who cannot afford wages as they are trading whilst bankrupt.
If you do not have the funds to pay your staff then you should not be in business…..period!!
I agree again I ask why does it take DLP so long to take action 6 months to a 1 Year? This is why so many companies are allow to break every Labour Law with no reprimands.
As is gambling with a government credit card.